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HomeMy WebLinkAboutSteve Hanna dba Magic Bus 1' 1lA ltd, VVI> ~vl Ly c~ ~ 2 ~ 1 ~ 22041 AGREEMENT FOR ARTISTIC SERVICE jl.. 14(4 1'/ 7Y THIS AGRLLMLNT is made and entered into this _ day of .2010. y yid between the City of Auburn, Washington, eMunicipal Corporation of the Slate of Washington herefP. SSA 40 -Vyt referred to as "CITY" and Serem dba Magic Bus, whose address is c/o Pacific Rim Talent, PO BOX 250, Bothell, WA, 98041; phone 425-489-7900, herein referred to as "ARTIST". WHEREAS, the CI IY desires to contract with the ARTIST to provide an artistic. Performance for the public in Aubum Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the leans and conditions of this Agreement. NOW THFRFFORE, the CITY and AR I IS] it consideration of the conditions and covenants herein do agree as follows: 1. RL I LNTION OF ARTIST The CITY does hereby retain the ARTIST to perform the work and services des(Ahed herein The parties agree that the AR I IS I is an vuiependent contractor and shall furnish all supervision. labor, and all other incidentais except as specifically provided herein and the ARTIST agrees to conduct and complete the performance in a cornpetenl and professional manner in accordance with the terms of Ibis Agreement. ' 2. SCOPE OF WORK The AR I 1ST agrees to provide the following specific services in its artistic performance: 90 minute performance of Magic Bus for Auburn's 4'6 of July event on Monday, July 4, 2011, from 1:00 pm to 2:30 pm (no set break). ARTIST will be on-site no later than 12:30 pm for set-up and sound check. See attached agreement from Pacific Rim Talent for more information. 3 SITE OF PLRFORMANCE The ARTIST will conduct its performance at Les Gove Park, (910 Ninth Street SE), Auburn, WA, 98002 herein referred to as "VENUE" 4. RLQQIRFMFNTS The CITY shall provide the following for this performance Sound equipment consisting of one 24-channel mixer; four powered floor monitors; two direct input boxes; one nanoverb effects unit; guitar cables; mic cables and stands; speaker cables; one CD player; one sound technician to set up and run equipment. - - - Agreement - Plagic Bus 4 ojl Festival 2011 PagC 1 o 1 tv COMPFNSATION In consideration of the services It, the CITY in connection with time artistic performance, the AR FIST slmall receive total compensation of one-thousand dollars and no/100 ($1,000.00). S PAYMLNT I he ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement The payment to the ARTIST shall be in compliance with the regulations of the CI I Y finance department- The ARTIS t agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under Umis contract Payment shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bmo, photos (high •rsolution cicctromc rnaaesi and any artwork specnccaily pe.iIminog to ARTIST at toe upon signature of this contract, 8. INDEMNIFICATION The ARTIST agrees to indemnify defend and hold the CITY, its agents, representatives and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives anrd employees except where such claims arise solely from the negligent acts of the CITY, its agents+ representatives or employees 9. INABILITY TO PERFORM If ARTIST is incapacilatecd from rendering services through sickness or Otherwise, or if , ARTIST cannot perform because of fire, accident, act of God or impossibility of performance the ARTIST shall not receive any compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. Amreeroent - Magic Bus a of hl Festval 2011 Vaye 2 of 4 1p PERFUHP,.lANCF RAINOUI_ n1a. Event is held rain or shine. 11. I CRMINATION In the event the ARTIST or the CITY defaults or fads to comply with any of the requirements of this Agreement, or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have 12 NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified snail addressed to the respective parties as follows CITY Knsly f achciarz, Special Fvents Coordinator City of Auburn 910 Ninth Street SF Auhurn WA 98002 1 ARTIST L~}an 6orensar dha Magic dos ch1 Pacific Rim Talenl NO BOX 250 Bothell. WA 93041 Either party may at any time designate a different address to which notices shall be sent. Notice given in wxoidance with these provisions shall be deemed received when mailed. 12 GENLRAL PROVISIONS The following provisions may apply A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. I nis Agreement shall be construed in accordance with and all questions with respect hereto shall be, determined by the laws of the State of Washington D. The. ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E In the performance of the work herein. the AN TIST acrees to comply with all applicable State and local laws, rules and regulations Ayrecment - Magic: Bus 4` of July Festwal 2011 Paqc 3 or ARTIST MAGIC BUS ( STYJ e t}q AR I IST TAXI #:3 DA I L. 1 CITY OF AUBURN DARYI- FABER, DIRFCTOR PARKS. ARTS & RECREATION DATE KRISTY PACHCIARZ,%SPECIAL FVENTS COORDINATOR PARKS ARTS & RECREATION DATE - AcMfeen-lent - Magic Bus 4 of Juli Festival 2011 Paqc 4 o 4